Do you get unemployment if you resign from your job in NY?
I'm thinking about quitting my job because my manager has been making my life miserable for months now. The work environment is toxic and I'm getting stress headaches every day. But I'm worried about money - do you get unemployment if you resign? I've been working there for 2 years and paying into the system. Does NYS Department of Labor allow benefits if you quit or do you have to be fired? I can't afford to be without income but I also can't take this job much longer.
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Rita Jacobs
Generally speaking, if you voluntarily quit your job, you won't qualify for unemployment benefits in New York. NYS Department of Labor requires you to be unemployed through no fault of your own. However, there are some exceptions for what they call 'good cause' resignations - things like unsafe working conditions, harassment, or significant changes to your job terms. You'd need to document everything thoroughly if you plan to claim good cause.
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Manny Lark
•What kind of documentation would I need? I have some emails from my manager but nothing that explicitly shows harassment.
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Khalid Howes
I quit my last job due to a hostile work environment and initially got denied for UI benefits. Had to file an appeal with NYS Department of Labor and provide evidence of the toxic situation. It took about 6 weeks but they eventually approved my claim. You need to show that any reasonable person would have quit under those circumstances. Keep records of everything - emails, witness statements, doctor visits for stress, anything that shows the impact.
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Ben Cooper
•How did the appeal process work? I'm in a similar situation and considering my options.
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Khalid Howes
•You file the appeal online through your my.ny.gov account within 30 days of the denial. They scheduled a phone hearing where I presented my case. Make sure you have all your documentation organized beforehand.
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Naila Gordon
honestly the unemployment system is set up to screw workers over. even if you have legitimate reasons for quitting they make you jump through hoops and prove your case while employers can fire people for basically any reason and those people get benefits immediately. its totally backwards
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Cynthia Love
•I mean, there has to be some verification process though right? Otherwise everyone would just quit their jobs and collect unemployment.
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Darren Brooks
I was in a really similar spot last year with a nightmare boss. Tried calling NYS Department of Labor multiple times to ask about my options but could never get through to an actual person. The automated system just kept referring me to the website which wasn't helpful for my specific situation. Finally used this service called Claimyr that got me connected to an actual NYS Department of Labor agent who explained all my options. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was so much easier than trying to navigate the phone system myself.
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Rosie Harper
•Never heard of that before. Did they charge you a lot to make the call?
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Darren Brooks
•It was totally worth it for me since I was stuck for weeks not knowing what to do. Much cheaper than losing weeks of potential benefits by making the wrong decision.
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Rosie Harper
same boat here! my supervisor has been targeting me ever since I took FMLA leave last year. creating impossible deadlines, excluding me from meetings, the works. documenting everything but scared to quit without knowing if ill qualify for benefits
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Rita Jacobs
•If you're being retaliated against for taking FMLA, that could definitely qualify as good cause for resignation. Make sure you're documenting the timeline and how the treatment changed after your leave.
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Gabriel Graham
Before you make any decision, I'd strongly recommend consulting with an employment attorney who offers free consultations. Many workplace situations that feel like "just" toxic management actually cross the line into illegal harassment or discrimination. An attorney can help you understand if you have grounds for a constructive dismissal claim, which is when working conditions are so bad that quitting is essentially being forced out. This could potentially strengthen your unemployment case significantly. Also, if there are other legal violations happening (wage theft, safety issues, discrimination), you might have additional options beyond just unemployment benefits. Document everything with dates and times, and consider whether any coworkers witnessed the behavior. The consultation is usually worth it even if you decide not to pursue legal action.
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